J. C. Then by the judgment of this court, if I may make it appear that I have taken the oath (once) and I have ministered no new matter on my part, whereby I can be justly charged with the breach of it, then it ought not to be tendered to me the second time: but I am the man that have taken (once) being a freeman of the city of London, when I was made free; witness the records in Guildhall, which I may produce, and no new matter appearing to you on my part; if there do, let me know it; if not, you ought not, by your own judgment, to tender me it the second time; for de non apparentibus et non existentibus eadem ratio est.[27]—Interrupted by the shout of the court, when these last words might have been spoken.
[27] That which doth not appear, is to be judged of as that which doth not exist.
Judge. Mr. Crook, you are mistaken, you must not think to surprise the court with criticisms, nor draw false conclusions from our judgments.
J. C. If this be not a natural conclusion from the judgment of the court, let right reason judge; and if you recede from your own judgments in the same breath, (as it were,) given even now, what justice can I expect from you? For, if you will not be just to yourselves, and your own judgments, how can I expect you should be just to me?
Judge. Mr. Crook, if you have taken it, if there be a new emergency, you are to take it again; as for instance, the king hath been out of England, and now is come in again; there be many that have taken it twenty, thirty, or forty years since, yet this new emergency requires it again; and although you have taken it, yet you must not make it appear before you answer guilty, or not guilty; therefore do not wrong yourself, and prejudice yourself and family: do you think that every fellow that comes hither, shall argue as you do? We have no more to do, but to know of you, whether you will answer (guilty, or not guilty,) or take the oath, and then you shall be freed from the indictment: if you will not plead, clerk, record it: What say you? Are you guilty, or not guilty?
J. C. Will you not stand to your own judgments? Did you not say, even now, that if I had (once) taken the oath, it ought not to be tendered to me the second time, except I administered new matter on my part that I have not kept it, &c. But no such matter appearing, you ought not to tender it to me the second time, by your own confession, much less to indict me for refusal.
Judge. If you will not plead, we will record it, and judgment shall be given against you; therefore say, guilty, or not guilty, or else we will record it. (The clerk beginning to record it.)
J. C. Before I answer, I demand a copy of my indictment; for I have heard it affirmed by counsel learned in the law, that if I plead before I have a copy, or have made my exceptions, my exceptions afterwards against the indictment will be made void: therefore I desire a copy of the indictment.
Judge. He that said so, deserves not the name of a counsel; for the law is, you must first answer, and then you shall have a copy. Will you plead guilty or not guilty?